No-EU EX family memeber to apply for permit retention

[quote="Morpheo"]Hi all,

I'm adding more information about my case..

In March 2009 I complained to the HO via email about issuing the wrong viniette and vague letter about being dependant to a EU member.

hi morpheo,

could you explain to me how did you make a complain?did you fill form or what?

thanks

by sending an email to NWCSU@homeoffice.gsi.gov.uk

hope this helps

M

Hi Morpheo,

Do you have the right to bring any independant under your current visa? or you have to wait to get PR first to be able to marry again?

thanks

mego

Hi,

Thanks for the question, but I am still in the very same process of looking for info about this.

The letter that I have received states that I do enjoy the same right as I a EU member. hence I believe if I do get married again my wife would have the right of residence.

my questions is more referred for my parents or sister who are financially dependant on me. can I apply for them to obtain the residence and come and live with me?

M

Morpheo wrote:
2 weeks later, I received post from the HO enclosing 2 letters: the first one was an apology about the confusion and explaning that they haven't got viniettes that reflect my new status hence they used the resident card.
M

Amazing - the HO saying one thing to me and a totally different thing to you!
When I complained they stated that there was such a vignette and that it would be issued. Thankfully I didn't need this as I asked for PR to be reflected as I now qualifed.

Incredibly the people at the airport still gave me shitt when coming back into the UK fro holiday. They had the nerve to tell me to bring my old passport with me as well as me new one (new one has my permanent residence stamp)! Then inisisted on asking me about what I'd been doing that last few years. Seems nothing will keep them happy - ever. Can't wait until I get a UK passport - maybe then the questions will cease!

Hi,

Today, I've applied for my PR. I have sent my old passport instead of the new one. After all, it seems that not having my RC in my passport was a good idea. I can use my new passport to travel

let see how long it is going to take.

Morpheo, thanks for your updates

I have read nearly all the posts regarding retention of residency but i don't understand one thing -
how long non EEA family member should have been working for to be able to retain the right of residency?

Since I have been married for nearly 4 years, and have been living in the UK since march 2005 (first as a student,an then after marriage in Nov 2005 got my RC)

I have never worked- stayed at home with children, in case I divorce my husband would i be able to retain the right of residency? I am looking for a job now, and waiting to hear about my applications.

My husband threatens me that if i leave he reports me to the HO, will have my RC revoked, send me home and I will never see children again

I understand that i meet the marriage requirements (married 3 years and 1 year spent in the UK). In case I get a job and will be able to support myself and my children can I leave him straight away or I will have to wait till i have 1 year in employment?

Sorry if my post is a bit messy

Hi Sanita,

If your situation is like that, before you inform HO you should make sure that your husband will give you all his documents to prove him working in the UK for at least one year. If he threatens you like that, are you sure he will do favours to you?? Plus, it is very important that you have to be financially independant. By which I mean either be in employment or selfemployment or self- sufficient at least at the time of application. I think actually at the time of divorce too. There is no written requirement that you have to have been working for all these years you spent with your husband, but you need to prove you won't ask for any public money if you stay alone in this country. Otherwise there is no point to do all that, they will reject your application. Oh, yes, one more thing, you can't apply for retention unless you are officially divorced (decree absolute)

Hi Sanita,

If your situation is like that, before you inform HO you should make sure that your husband will give you all his documents to prove him working in the UK for at least one year. If he threatens you like that, are you sure he will do favours to you?? Plus, it is very important that you have to be financially independant. By which I mean either be in employment or selfemployment or self- sufficient at least at the time of application. I think actually at the time of divorce too. There is no written requirement that you have to have been working for all these years you spent with your husband, but you need to prove you won't ask for any public money if you stay alone in this country. Otherwise there is no point to do all that, they will reject your application. Oh, yes, one more thing, you can't apply for retention unless you are officially divorced (decree absolute)

Thanks irakra, I kind of suspected that, I am looking for work at the moment and will need to earn at least £22k to be able just to get by.

I am not sure if my hubby will support me with all the docs required.
actually now I have got my docs at the HO (applied for an extention) I think I am eligible to apply for PR in Nov 2010, 5 years after we got married. And my passport will expire in early 2011- need to get all this sorted. Before applying for PR

Not really good situation...

Sanita wrote:Thanks irakra, I kind of suspected that, I am looking for work at the moment and will need to earn at least £22k to be able just to get by.

I am not sure if my hubby will support me with all the docs required.
actually now I have got my docs at the HO (applied for an extention) I think I am eligible to apply for PR in Nov 2010, 5 years after we got married. And my passport will expire in early 2011- need to get all this sorted. Before applying for PR

Not really good situation...

hi sanita i am more or less in the same situation, have you actually sent your document to HO for retention of rights already ?

Hi, sorry didn't see this post and couldn't respond earlier
I applied for extension of my RC in sept and after 2 month got my papers back. My RC was extended till 2011
I applied as a family member of EU citizen and not under retention of residency rules because I am still living with my husband
Hope to find a job till the end of Jan and move out

vegeta_2009 wrote:

Sanita wrote:Thanks irakra, I kind of suspected that, I am looking for work at the moment and will need to earn at least £22k to be able just to get by.

I am not sure if my hubby will support me with all the docs required.
actually now I have got my docs at the HO (applied for an extention) I think I am eligible to apply for PR in Nov 2010, 5 years after we got married. And my passport will expire in early 2011- need to get all this sorted. Before applying for PR

Not really good situation...

hi sanita i am more or less in the same situation, have you actually sent your document to HO for retention of rights already ?

DEAR Friend,

I am in same condition, I married my wife in August 2008 and now I see our marriage is not going to work. She is not going to provide me with any thing and won't provide me her payslips or p60 etc. Can you please provide me a guide how to start my right of retention and what are the proper way and documents to submit to HO? I shall appreciate your great help.

Best,

S